Terms and conditions for designers

TERMS AND CONDITIONS FOR DESIGNERS

These are the Terms and Conditions to which Designers who use our service agree in order for the Company to make referrals to Employers seeking Designers with particular skills and experience.  

DEFINITIONS:

  1. Company:  The provider of the services to match Employers with appropriately qualified Designers to fill work vacancies/opportunities of the Employer.
  2. Designer:  A person who engages with the Company via the website seeking referrals for employment for tech design work.
  3. Employer: A person or company who engages with the Company via the website seeking referrals of tech designers to fill vacancies/opportunities with the Employer.

PROCESS:

  1. The Designer will furnish the Company with a link to a professional portfolio with the Designer’s relevant experience and skills detailed enough to provide the Company with enough information to be able to refer the Designer to an appropriate Employer.All contact between the Designer and Employer will be direct and not include the Company.
  2. The Company will maintain the Designer’s information for a period of one year, or until the Agreement is terminated. 
  3. Upon renewal of the Agreement, the Designer may be requested to provide an updated portfolio of the Designer’s relevant experience and skills.

WARRANTS AND REPRESENTATIONS:

The Company 

  1. The Company warrants that the Employers who have contracted with the Company may have a variety of job opening(s), fulltime, parttime, and contract, and are actively seeking skilled Designers to fill those jobs.  
  2. The Company further warrants that the Employers have provided accurate job descriptions and skill requirements to permit the Designer to understand and assess the job opportunity.

The Designer:

  1. The Designer warrants that he/she/they has the wherewithal to fulfill the responsibilities accepted by the Designer in using this service  
  2. The Designer warrants that he has truthfully represented to the Company his experience and skills such that the Company can match the Designer to appropriate opportunities.  
  3. The Designer also warrants that he is actively seeking work and will entertain the opportunities presented to him by the Company.

INDEPENDENCE:

  1. Designer recognizes that any opportunity is with the Employer offering the position(s) and that the Company is not responsible for the terms of employment or the relationship between the Employer and Designer.  
  2. The Company is an agent for both the Employer and Designer to provide connections and is neither an employee nor employer of either.  
  3. Neither party shall have the authority to make statements, representations or commitments of any kind or to take any action that will be binding on the other party.

LIABILITY:

  1. The Designer releases the Company from any liability arising from any action or contract on the part of the Employer(s).
  2. The Company reserves the right to refuse to work with Designer for any reason that comes to the Company’s attention.  

TERM AND TERMINATION:

  1. These Terms and Conditions shall be effective as of the date the Designer first accepts the Terms and Conditions.
  2. The term of this relationship shall be one year or until the Designer accepts an opportunity with an Employer.  The Designer may renew.
  3. Either party may terminate this relationship at any time with written notice delivered to the other party.   

MISCELLANEOUS:

  1. Notice:  Any notice required to be given by either party to the other shall be in writing and delivered by courier service requiring acknowledgment of receipt of delivery, by U.S. mail or email, addressed to the address shown after the signatures at the end of this Agreement.
  2. Dispute Resolution:
    1. Each party agrees to submit any dispute between the parties arising out of or related to these Terms and Conditions to mediation with the cost of mediation to be shared equally by the parties.  
    2. Should the issue not be resolved by mediation, the parties agree to submit the issue to binding arbitration through the American Arbitration Association or any other forum mutually agreed to by the parties.  The prevailing party in any dispute resolved by binding arbitration shall be entitled to recover attorneys’ fees and costs.
  3. Waiver:  No waiver of any of the provisions herein shall be deemed or shall constitute a waiver of any other provision hereof (regardless of whether similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.
  4. Severability:  If any provision of these Terms and Conditions is rendered or declared illegal or unenforceable by reason of any existing or subsequently enacted legislation or by decree of a court of last resort, all of the remaining provisions shall remain in full force and effect.
  5. Headings:  The headings of the sections are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms and Conditions.